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Firearms
Laws
2006
California Department of Justice
Bill Lockyer
Attorney General
http://www.ag.ca.gov/
CALIFORNIA FIREARMS LAWS
TABLE OF CONTENTS
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Handguns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5. LOADED FIREARMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Loaded Firearms in a Public Place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Firearms in the Home or Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Carrying Unregistered Loaded Handguns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
7. FLAREGUNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
9. FORFEITURES OF FIREARMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Forfeiture for Violation of the Penal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Forfeiture for Violation of the Fish and Game Code . . . . . . . . . . . . . . . . . . . . . . . . 49
Effective January 1, 2006, the California Firearms Laws booklet is revised to include
amendments to existing code sections of the California Penal Code and Welfare and
Institutions Code and to add new sections as a result of legislative action occurring
during 2005. This addendum only provides a brief summary of these changes. For
more detailed information, please refer to the complete text of the bills available via the
Internet at: http://www.leginfo.ca.gov/ or you may contact the Legislative Bill Room at
(916) 445-2323 to obtain copies of these bills (order by statute year and chapter
number).
• Specifies that each illegal assault weapon or .50 BMG rifle unlawfully possessed
by a defendant can be the basis of a separately punishable offense, except as a first
violation that involves one or two guns, subject to certain conditions as specified
(PC § 12280).
C Repeals provisions that allowed for the transfer of a firearm through a county
sheriff’s department on a form prescribed by the DOJ, in counties with a
population of less than 200,000 persons (PC § 12084).
C Requires that all firearms that are in the inventory of the licensee be stored within
the licensed location and be secured as specified in (PC § 12071).
C Mandates the court presiding over a domestic violence case to issue a protective
order to a defendant that includes a firearms prohibition, where good cause for its
issuance exists, even if the court did not issue a protective order as a result of the
domestic violence charge. Relinquishment of any firearms owned or possessed by
the subject is required (PC § 136.2).
C Allows law enforcement to advise certain domestic violence victims if the state
database reflects that their abuser purchased or possesses a firearm. A victim who
received this information could disclose it to others only to the extent that he or
she believed it necessary to protect himself, herself, or a third party from bodily
harm (PC § 11106).
SB 489 (Stats. 2003, ch. 500) (Scott) (2003 bill - Included due to new provisions
operative 1/1/2006)
This pamphlet contains a general summary of California laws that govern common
possession and use of firearms by persons other than law enforcement officers, firearms
dealers, or members of the armed forces. It is not designed to provide individual
guidance for specific situations, nor does it attempt to summarize federal law. The
legality of any specific act of possession or use will ultimately be determined by
applicable federal and state statutory and case law. For more information on specific
state statutes, please refer to the full text of the California Penal Code sections
referenced herein, available via the Internet at: http://www.leginfo.ca.gov/. Persons
having specific questions are encouraged to seek legal advice from an attorney, or
consult their local law enforcement agency or law library. The California Department of
Justice and all other public entities are immune from any liability arising from the
drafting, publication, or dissemination of this pamphlet, or any reliance upon it. (Penal
Code § 12080.)
DEFINITIONS
Firearms
The term firearm includes rifles, shotguns, revolvers, pistols, or any other device
designed to be used as a weapon from which a projectile is expelled by the force of any
explosion or other form of combustion. The term firearm includes the frame or receiver
of any such weapon. (Penal Code § 12001.)
For the purposes of sections 12025 and 12031, the term firearm also includes any rocket,
rocket propelled projectile launcher, or similar device containing any explosive or
incendiary material whether or not the device is designed for emergency or distress
signaling purposes. (Penal Code § 12001.)
Handguns
A handgun is any pistol, revolver, or other firearm capable of being concealed upon the
person that has a barrel length of less than 16 inches. The term also applies to any
device that has a barrel length of 16 inches or more which is designed to be interchanged
with a barrel less than 16 inches. (Penal Code § 12001(a).)
The term firearm does not apply to a federally defined “antique” firearm for the purpose
of dealer licensing requirements, sales or loans between private parties, or requirements
to obtain a Handgun Safety Certificate pursuant to Penal Code sections 12070, 12071,
subdivisions (b) (c) or (d) of 12072, or 12073. The term firearm does not apply to
federally defined “curio” or “relic” long guns over 50 years old for the purpose of
transfers between private parties. (Penal Code §§ 12001(e), 12078(t)(2).)
It is unlawful for any person to own, possess, lend, manufacture, import, sell, or offer to
sell any short-barreled shotgun or short-barreled rifle, any firearm that is not
immediately recognizable as a firearm, any camouflaging firearm container, any
cane or wallet gun, any undetectable firearm, any ammunition that contains or
consists of a flechette dart, any bullet that contains or carries an explosive agent,
any zip gun, any unconventional pistol, any multiburst trigger activator, any
nunchaku, any metal knuckles, any belt buckle knife, any leaded cane, any lipstick
case knife, any cane sword, any shobi-zue, any air gauge knife, any ballistic knife,
any shuriken, any writing pen knife, and any metal military practice handgrenade
or metal replica handgrenade. It is unlawful for any person to carry a concealed dirk
or dagger. (Penal Code §§ 12001.5, 12020(a)(1).)
It is unlawful for any person to manufacture, cause to be manufactured, import into the
state, keep for sale, or offer or expose for sale, or give or lend, any large-capacity
magazine. (Penal Code § 12020(a)(2).)
A short-barreled rifle means a rifle having a barrel length of less than 16 inches or an
overall length of less than 26 inches; any weapon made from a rifle which meets the
barrel length or overall length criteria; any device which may be restored to fire a fixed
cartridge and which meets the barrel length or overall length criteria; or any part or
combination of parts designed and intended to convert a device into a short-barreled rifle
or which would permit an individual to readily assemble a short-barreled rifle. (Penal
Code § 12020(c)(2).)
A cane gun means any firearm mounted or enclosed in a stick, staff, rod, crutch, or
similar device designed to be, or capable of being used as an aid in walking, if such
firearm may be fired while mounted or enclosed therein. (Penal Code § 12020(c)(5).)
A wallet gun means any firearm mounted or enclosed in a case resembling a wallet,
designed to be, or capable of being carried in a pocket or purse, if such firearm may be
fired while mounted or enclosed in such case. (Penal Code § 12020(c)(4).)
An undetectable firearm means any weapon (after grips, stocks and magazines are
removed) which is less detectable than the security test devices which are used to
calibrate and set walk-through metal detectors; or a weapon which has a major
component made of barium sulfate or other compounds which do not generate an image
accurately depicting the component on the x-ray machines commonly used at airports.
(Penal Code § 12020(c)(22).)
A flechette dart means a dart one inch in length that is capable of being fired from a
firearm and has tail fins that take up approximately five-sixteenths of an inch of the
body. (Penal Code § 12020(c)(6).)
A zip gun means a weapon or device made or altered to expel a projectile by the force of
an explosion or other form of combustion which was not imported by a person licensed
pursuant to federal law, not designed as a firearm by a manufacturer licensed pursuant to
An unconventional pistol means a firearm that does not have a rifled bore and has a
barrel or barrels less than 18 inches in length and an overall length of less than 26
inches. (Penal Code § 12020(c)(12).)
The term bullet containing or carrying an explosive agent does not include tracer
ammunition manufactured for use in shotguns. (Penal Code § 12020(b)(6).)
A dirk or dagger means a knife or other instrument with or without a handguard that is
capable of ready use as a stabbing weapon that may inflict great bodily injury. A
nonlocking folding knife, a folding knife not prohibited by section 653k, or a
pocketknife, is considered a dirk or dagger only if the blade of the knife is exposed and
locked into position. (Penal Code § 12020(c)(24).)
A nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods to
be used as handles, connected by a rope, cord, wire, or chain. (Penal Code
§ 12020(c)(3).)
The term hard plastic knuckles means any device or instrument made wholly or partially
of plastic that is not a metal knuckle as defined in paragraph (7) of subdivision (c) of
Section 12020, that is worn for purposes of offense or defense in or on the hand, and that
either protects the wearer's hand while striking a blow or increases the force of impact
from the blow or injury to the individual receiving the blow. The plastic contained in the
device may help support the hand or fist, provide a shield to protect it, or consist of
projections or studs that would contact the individual receiving a blow. (Penal Code §
12020.1.)
A belt buckle knife means a knife which is an integral part of a belt buckle and has a
blade of a least 2-1/2 inches in length. (Penal Code § 12020(c)(13).)
A lipstick case knife means a knife enclosed within and made an integral part of a
lipstick case. (Penal Code § 12020(c)(14).)
A cane sword means a cane, stick, staff, rod, pole, or similar device having a concealed
blade that may be used as a sword. (Penal Code § 12020(c)(15).)
A shobi-zue means a staff, crutch, rod, or pole concealing a knife or blade which may be
exposed by a flip of the wrist or mechanical action. (Penal Code § 12020(c)(16).)
A leaded cane means a staff, crutch, stock, rod, pole or similar device unnaturally
weighted with lead. (Penal Code § 12020(c)(17).)
An air gauge knife means a device that appears to be an air gauge, but has a concealed
pointed metallic shaft designed to be a stabbing instrument when exposed by mechanical
action or gravity, and locks into place when extended. (Penal Code § 12020(c)(18).)
A writing pen knife means a device that appears to be a writing pen, but has a concealed
pointed metallic shaft designed to be a stabbing instrument when exposed by mechanical
action or gravity, and locks into place when extended. (Penal Code § 12020(c)(19).)
Exceptions
The general prohibition in this section does not apply to any instrument, ammunition,
weapon, or device other than a short-barreled rifle or short-barreled shotgun that is found
and possessed by a person who is not prohibited by law from possessing firearms or
ammunition and who possessed the instrument, ammunition, weapon, or device no
longer than was necessary to transport it to a law enforcement agency for disposition
according to law.
In the case of a firearm, prior notice must be given to the law enforcement agency prior
to transporting it to that agency for disposition, and the firearm must be transported
unloaded and in a locked container, as defined by Penal Code section 12026.2(d). (Penal
Code §§ 12020(b)(15) and (16).)
The general prohibition in this section does not include antique firearms. An antique
firearm is defined as any firearm that was manufactured in or before 1898 and is not
designed or redesigned to use rimfire or conventional center fire ignition with fixed
ammunition. This includes any matchlock, flintlock, percussion cap, or similar type of
ignition system or replica thereof, regardless of the date of manufacture. Firearms
manufactured in or before 1898 that use fixed ammunition which is no longer
manufactured in the United States and is not readily available in the ordinary channels of
commercial trade are also considered antiques. (Penal Code § 12020(b)(5).)
This general prohibition also does not include any firearm or ammunition that is a curio
or relic as defined in section 478.11 of Title 27 of the Code of Federal Regulations and
is in the possession of a person permitted to possess such items pursuant to Chapter 44
(commencing with section 921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. (Penal Code § 12020(b)(7).)
Machineguns
It is unlawful for any person to sell, offer for sale, possess, or knowingly transport any
machinegun. (Penal Code § 12220.)
These prohibitions do not apply to (a) persons having a permit or license issued by the
California Department of Justice to possess, transport, or sell machineguns (Penal Code
§§ 12230, 12231, 12233, 12250); or (b) federal or state military or naval forces or law
enforcement officers acting within the scope of their duties. (Penal Code §12201.)
It is a felony for any person to manufacture, distribute, transport, import into California,
or keep or offer for sale, or give or lend, an assault weapon or .50 BMG rifle. (Penal
Code § 12280.)
Any person who lawfully possesses an assault weapon must have registered it as such
with the Department of Justice. Any person who lawfully possessed a .50 BMG rifle as
of January 1, 2005 must register it with the Department of Justice by April 30, 2006.
(Penal Code § 12285.)
The term assault weapon means the following designated semiautomatic firearms as
defined by Penal Code section 12276:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C.
The term “assault weapon” also means any firearm that falls under one of the following
definitions pursuant to Penal Code section 12276.1:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable
magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to
accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and
any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip,
or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that
allows the bearer to fire the weapon without burning his or her hand, except a slide
that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the
pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more
than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon,
thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
The term “assault weapon” does not include any of the following:
(1) Any antique firearm.
(2) The following pistols sanctioned by the International Olympic Committee and by
USA Shooting, the national governing body for international shooting competition
in the United States, and that are used for Olympic target shooting purposes.
(Penal Code § 12276.1.):
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI MP .32 S&W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT
(3) Any model of competitive pistol that would otherwise fall within the definition of
“assault weapon” but has otherwise been expressly identified as exempt by the
Department of Justice. The exempt competitive pistols may be based on
recommendations by USA Shooting or may be based on the recommendation or rules of
any other organization that the Department of Justice deems relevant. The current list of
The term “assault weapon” also means any firearm specified by the Department of
Justice as an AK or AR-15 series weapon pursuant to Penal Code section 12276(e) and
the California Supreme Court decision in Kasler v. Lockyer. As a result of this Penal
Code section and court decision, all AK and AR-15 series rifles are assault weapons
regardless of their characteristics. The Department of Justice maintains a roster of
firearm makes and models which the Attorney General has identified as AK and AR-15
series weapons. The most current list is available on the DOJ website at
http://caag.state.ca.us/firearms/awguide. At the time of this printing, this list includes
the following:
The term “.50 BMG rifle” means any center fire rifle that can fire a .50 BMG cartridge and
that is not already an assault weapon or machinegun. This definition excludes federally
defined curios, relics, and firearms manufactured prior to January 1, 1899. A “.50 BMG
cartridge” is defined as a cartridge that is designed and intended to be fired from a center
fire rifle and that meets all of the following criteria:
(1) It has an overall length of 5.54 inches from the base to the tip of the bullet.
(2) The bullet diameter for the cartridge is from .510 to, and including, .511 inch.
(3) The case base diameter for the cartridge is from .800 inch to, and including, .804
inch.
(4) The cartridge case length is 3.91 inches. (PC § 12278.)
Exceptions
• Penal Code section 12280(e) provides an exception for the sale to, purchase by, or
possession of assault weapons or .50 BMG rifles by specified law enforcement
agencies and military or naval forces for use in the discharge of their official duties.
The law permits possession and use of these weapons by sworn members of these
agencies when on duty and the use is within the scope of their duties.
• Penal Code section 12280(f) provides an exception for the delivery, transfer, or sale
to, or possession of an assault weapon or .50 BMG rifle by peace officer members of
specified agencies with the express authorization of their employing agencies. For
this exception to apply, if the firearm is an assault weapon, the peace officer must
register the firearm as an assault weapon with the Department of Justice within 90
days of the date of acquisition. If the firearm is a .50 BMG rifle and the officer took
possession of the rifle after January 1, 2005, the officer shall register the firearm as
a.50 caliber BMG rifle not later than one year after possession or receipt.
• Penal Code section 12280(k) provides limited exceptions for registered assault
weapons and .50 BMG rifles while on a target range or while attending an
exhibition, display, or firearms educational project which is sponsored by law
enforcement or a nationally or state recognized entity that promotes firearm
proficiency or education.
• Penal Code section 12280(m) provides an exception for out-of-state residents who
bring assault weapons or .50 BMG rifles into the state if attending an organized
match or competition conducted on a target range, club, etc., for the purpose of
Possession, Transport, Sale, and Manufacture of Assault Weapons and .50 BMG
Rifles
A person may not possess or transport an assault weapon or .50 BMG rifle, as defined,
unless the weapon has been registered as an assault weapon or .50 BMG rifle with the
Department of Justice, or the person has obtained a permit for that weapon from the
Department. (Penal Code §§ 12276, 12280, 12285, 12286.)
A lawfully possessed assault weapon or .50 BMG rifle may be transported for any lawful
purpose if it is unloaded and either securely locked in the trunk of a vehicle or in a locked
container carried inside the vehicle other than the utility or glove compartment. (Penal
Code §§ 12280(m), 12285(c)(7), 12026.1.)
A person in lawful possession of an assault weapon or .50 BMG rifle may sell it only to a
properly licensed firearms dealer who has been issued an assault weapon or .50 BMG rifle
permit by the Department of Justice or may elect to relinquish the weapon to a police or
sheriff’s department. (Penal Code §§ 12285, 12288.)
The Department of Justice may issue permits for the manufacture of assault weapons or .50
BMG rifles to federally licensed manufacturers of firearms for sale to law enforcement
agencies, persons having permits to acquire assault weapons or .50 BMG rifles, persons out
of state who have federal firearm dealer licenses entitling them to sell these weapons to
federal law enforcement and military agencies, and law enforcement or military agencies in
other states and, for sale to foreign governments and agencies approved by the U.S. State
Department. (Penal Code § 12287.)
Armor-Piercing Bullets
Handgun ammunition means ammunition principally for use in pistols, revolvers, and other
Body vest or shield means any bullet-resistant material intended to provide ballistic and
trauma protection for the wearer or holder. (Penal Code § 12323(c).)
Exceptions
The prohibition against possessing, manufacturing, etc., armor piercing ammunition does
not apply to the following (Penal Code § 12322):
• Specified members of the military while on duty and engaged within the scope of
their duties.
• Any police agency or forensic laboratory.
• Persons who hold valid permits issued pursuant to Penal Code section 12305.
• The possession of handgun ammunition designed primarily to penetrate metal or
armor by a person who found the ammunition, if he or she is not prohibited from
possessing firearms or ammunition pursuant to section 12021, 12021.1 or paragraph
(1) of subdivision (b) of section 12316 of this code or section 8100 or 8103 of the
Welfare and Institutions Code and is transporting the ammunition to a law
enforcement agency for disposition according to law.
• Any projectile containing any explosive, incendiary material, or any other chemical
substance including, but not limited to, that commonly known as tracer or incendiary
ammunition, except tracer ammunition manufactured for use in shotguns.
• Any bomb, grenade, explosive missile, or similar device or any launching device
therefor.
• Any weapon of greater than .60-caliber that fires fixed ammunition, or any
ammunition therefor, other than a shotgun or shotgun ammunition.
• Any rocket, rocket-propelled projectile, or similar device of a diameter greater than
These prohibitions do not apply to specified members of the military, peace officers listed
in Penal Code sections 830.1 or 830.2, any peace officer in the Department of Justice
authorized by the Attorney General, or firefighters while on duty and acting within the
scope and course of their employment, or to persons having a permit issued by the
California Department of Justice. (Penal Code §§ 12302, 12305.)
Firearm Silencers
It is a felony for any person, firm, or corporation within this state to possess any silencer for
firearms. This prohibition does not apply to any peace officer listed in Penal Code section
830.1, or to military or naval forces of this state or of the United States in the official
discharge of their duties, nor does it apply to the manufacture, possession, transportation or
sale to agencies listed in Penal Code section 830.1, or to military or naval forces of this
state or of the United States by dealers registered under Chapter 53, commencing with
section 5801 of Title 26 of the United States Code. (Penal Code §§ 12520, 12501.)
Sniperscopes
A sniperscope is defined as a device made or adapted for use on a firearm that enables the
operator to detect objects during nighttime through the use of a projected infrared light
source and an electronic telescope. (Penal Code § 468.)
Any person who buys, sells, receives, disposes of, conceals, or possesses a sniperscope is
guilty of a misdemeanor. This prohibition does not apply to authorized use or possession of
sniperscopes by members of the armed forces or peace officers, and does not prohibit use or
possession solely for scientific research or educational purposes. (Penal Code § 468.)
Boobytraps are concealed or camouflaged devices designed to cause great bodily injury
when triggered by an unsuspecting person. They include guns, ammunition, or explosives
attached to trip wires, sharpened stakes, and lines or wires with hooks attached. It is
unlawful to possess such devices with the intent to use them as boobytraps and anyone who
assembles, maintains, places, or causes such devices to be placed is guilty of a felony.
(Penal Code § 12355.)
Flamethrowing Devices
A flamethrowing device means any nonstationary and transportable device designed or
intended to emit or propel a burning stream of combustible or flammable liquid a distance
of at least 10 feet. Possession of a flamethrower is either a misdemeanor or a felony,
depending on the circumstances under which it is possessed. (Health and Safety
Code § 12761)
Any person who (a) has been convicted of a felony under the laws of the United States, the
State of California, or any other state, government, or country, or (b) is addicted to any
narcotic drug may not own or have in his or her possession, custody, or control any
firearm. (Penal Code § 12021(a).)
It is unlawful for any person who is prohibited from possessing firearms, to possess
ammunition. (Penal Code § 12316(b).)
A felony conviction refers to a conviction of an offense that can only result in felony
punishment under California law, or any sentence to a federal correctional facility for more
than 30 days, or a fine of more than $1,000, or both. (Penal Code § 12021(f).)
Any person convicted of any of the following crimes specified in Penal Code sections
12001.6 and 12021.1, whether as a felony or misdemeanor, may not lawfully possess or
have under his or her custody or control any firearm:
• Murder or voluntary manslaughter.
• Mayhem.
Any person convicted of a misdemeanor violation for one or more of the following offenses
is prohibited from owning, possessing or having under his or her custody or control any
firearm within 10 years of the conviction (Penal Code § 12021(c)(1)):
• Threatening public officers and employees and school officials. (Penal Code § 71.)
• Threatening certain public officials, appointees, judges, staff or their immediate
families. (Penal Code § 76.)
• Possession of a deadly weapon with intent to commit an assault (Penal
Code § 12024.)
• Possession of a deadly weapon with the intent to intimidate a witness. (Penal Code
§ 136.5.)
• Unauthorized possession/transportation of a machinegun. (Penal Code § 12220.)
• Threatening witnesses, victims, or informants. (Penal Code § 140.)
• Obstructing or delaying an officer or emergency medical technician and removing or
attempting to remove a firearm from these individuals. (Penal Code § 148(d).)
• Unauthorized possession of a weapon in a courtroom, courthouse or court building,
or at a public meeting. (Penal Code § 171b.)
• Bringing into or possessing a loaded firearm within the state capitol, legislative
offices, etc. (Penal Code § 171c.)
• Taking into or possessing loaded firearms within the Governor’s Mansion or
residence or other constitutional office, etc. (Penal Code § 171d.)
• Supplying firearms to any street gang member for use in street gang activity. (Penal
Code § 186.28.)
• Assault. (Penal Code §§ 240, 241.)
• Battery. (Penal Code §§ 242, 243.)
• Assault with a stun gun or taser weapon. (Penal Code § 244.5.)
• Assault with a deadly weapon or force likely to cause great bodily injury. (Penal
Code § 245.)
• Assault with a deadly weapon or instrument, by any means likely to produce great
bodily injury, or with a stun gun or taser, on a school employee engaged in the
performance of duties. (Penal Code § 245.5.)
• Discharging a firearm in a grossly negligent manner. (Penal Code § 246.3.)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or
dwelling house. (Penal Code § 247.)
• Drawing or exhibiting any deadly weapon, including a firearm, in a rude or
threatening manner. (Penal Code § 417.)
• Drawing or exhibiting a firearm or other deadly weapon with the intentional
infliction of serious bodily injury. (Penal Code § 417.6.)
Any person convicted of any crime for which the express condition of probation prohibits
or restricts the possession of firearms may not lawfully own, possess, control, receive or
purchase a firearm for the duration of the probation. (Penal Code § 12021(d).)
Persons who are subject to a protective order issued by a court pursuant to section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of the Penal
Code, or by a protective order issued pursuant to Section 15657.03 of the Welfare and
Institutions Code, may not own, possess, purchase, or receive a firearm for the duration of
the order. (Penal Code § 12021(g).) This includes any of the following restraining orders,
whether issued ex parte, after notice and hearing, or in a judgment:
• A court-issued order enjoining a party from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning, destroying
personal property, contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the other party.
(Family Code § 6320.)
• A court-issued order to exclude a party from the family dwelling, the dwelling of the
other party, the common dwelling of both parties, or the dwelling of the person who
has care, custody, and control of a child to be protected from domestic violence.
(Family Code § 6321.)
• A court-issued order enjoining a party from other specified behaviors as determined
by that court. (Family Code § 6322.)
• A court-issued order enjoining a party from abusing, intimidating, molesting,
attacking, striking, stalking, threatening, sexually assaulting, battering, harassing,
telephoning, destroying personal property, contacting, or coming within a specified
distance of , and elder or dependent adult. (Welfare and Institutions Code
§ 15657.03.)
The court, upon issuance of a protective order shall additionally require the respondent to
sell any firearms in that person's control to a licensed firearms dealer or relinquish them for
the duration of the protective order. (Family Code § 6389(c).)
Persons who are subject to a temporary restraining order issued pursuant to section 527.6 or
527.8 of the Civil Code for harassing behavior may not own, possess, purchase or receive a
firearm for the duration of the order. (Penal Code § 12021(g).)
Any person subject to juvenile court law and adjudged a ward of the juvenile court within
the meaning of Section 602 of the Welfare and Institutions Code for any of the following
offenses, shall not own, possess, or have under his or her custody or control any firearm
until reaching 30 years of age (Penal Code § 12021(e)):
• Murder.
• Arson that causes great bodily injury or arson of an inhabited structure or property.
(Penal Code §§ 451(a) and (b).)
• Robbery while armed with a dangerous or deadly weapon.
• Rape with force or violence or threat of great bodily harm.
• Sodomy by force, violence, duress, menace, or threat of great bodily harm.
• Lewd or lascivious act on a child under the age of 14. (Penal Code § 288(b).)
• Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
• Sexual assault with a foreign object. (Penal Code § 289.)
• Kidnapping for ransom.
• Kidnapping for purpose of robbery, rape, spousal rape, etc. (Penal Code
§ 209(b)(1).)
• Kidnapping with bodily harm.
• Assault with intent to murder or attempted murder.
• Assault with a firearm or destructive device.
• Assault by any means of force likely to produce great bodily injury.
• Discharge of a firearm into an inhabited or occupied building.
• Specified crimes against persons 60 years of age or older, blind persons, paraplegics,
or quadriplegics as described in Penal Code section 1203.09.
• Use of a firearm in the commission or attempted commission of a felony; discharge
of a firearm at an occupied motor vehicle causing great bodily injury or death; use of
a firearm to commit the controlled substances violations described in Penal Code
sections 12022.5 or 12022.53.
• Any felony offense in which the minor personally used a weapon described in Penal
Code section 12020(a).
• Felony intimidation of a witness and victim as described in Penal Code section 136.1
or influencing the testimony or information given to a law enforcement official as
described in Penal Code section 137.
No person found not guilty by reason of insanity of specified crimes in any state may have
in his or her possession, custody, or control any firearm. (Welfare and Institutions
Code § 8103(b).)
No person placed under conservatorship by a court, because the person is gravely disabled,
shall have in his or her possession, custody, or control any firearm, where prohibited by the
court. (Welfare and Institutions Code § 8103(e).)
No person taken into custody, assessed, and admitted to a designated facility pursuant to
Welfare and Institutions Code section 5150 because that person is a danger to himself,
herself, or others shall own, possess, control, receive, or purchase any firearm for a period
of five years after the person is released from the facility. (Welfare and Institutions
Code § 8103(f.)
Under California law, no person who has been certified for intensive treatment pursuant to
Welfare and Institutions Code sections 5250, 5260 or 5270.15 may own, possess, control,
receive, or purchase any firearm for a period of five years after the person is released from
the facility. However, such a person is considered to have been adjudicated as a mental
defective under federal law and therefore may not possess firearms even beyond the five-
years provided under California law. (Welfare and Institutions Code § 8103(g)), 18 USC
922(g)(4).)
NOTE: Any person who knowingly supplies, sells, gives, or otherwise allows such an
individual to possess or control any firearm or deadly weapon is guilty of a felony or an
alternate felony/misdemeanor, respectively. (Welfare and Institutions Code § 8101.)
Any person found to have committed an offense enumerated in Penal Code section 12021,
subdivisions (a) through (e), is prohibited from owning, possessing, or having under his or
her custody or control, any firearm. A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
• The person found the firearm or took the firearm from the person who was
committing the crime against him or her.
• The person possessed the firearm no longer than was necessary to deliver or
transport the firearm to a law enforcement agency for that agency’s disposition
according to law.
• If the firearm was transported to a law enforcement agency, it was transported in
accordance with paragraph (18) of subdivision (a) of section 12026.2.
• If the firearm is being transported to a law enforcement agency, the person
transporting the firearm has given prior notice to the law enforcement agency that
he or she is transporting the firearm to the law enforcement agency for disposition
according to law.
Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall
determine whether the defendant was acting within the provisions of the exemption created
by this subdivision. The defendant has the burden of proving by a preponderance of the
evidence that he or she comes within the provisions of the exemption created by this
subdivision. (Penal Code § 12021(h).)
The question of whether use of a firearm is justified for self-defense cannot be reduced to a
simple list of factors. This section is based on the instructions generally given to the jury
in a criminal case where self-defense is claimed and illustrates the general rules regarding
use of firearms in self-defense.
The killing of one person by another may be justifiable when necessary to resist the
attempt to commit a forcible and life-threatening crime, provided that a reasonable person
in the same or similar situation would believe that (a) the person killed intended to commit
a forcible and life-threatening crime; (b) there was imminent danger of such crime being
accomplished; and (c) the person acted under the belief that such force was necessary to
save himself or herself or another from death or a forcible and life-threatening crime.
Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes.
It is lawful for a person being assaulted to defend himself or herself from attack if he or she
has reasonable grounds for believing, and does in fact believe, that he or she will suffer
bodily injury. In doing so, he or she may use such force, up to deadly force, as a
reasonable person in the same or similar circumstances would believe necessary to prevent
great bodily injury or death. An assault with fists does not justify use of a deadly weapon
in self-defense unless the person being assaulted believes, and a reasonable person in the
same or similar circumstances would also believe, that the assault is likely to inflict great
bodily injury.
It is lawful for a person who has grounds for believing, and does in fact believe, that great
bodily injury is about to be inflicted upon another to protect the victim from attack. In so
doing, the person may use such force as reasonably necessary to prevent the injury.
Deadly force is only considered reasonable to prevent great bodily injury or death.
NOTE: The use of excessive force to counter an assault may result in civil or criminal
penalties.
A person may defend his or her home against anyone who attempts to enter in a violent
manner intending violence to any person in the home. The amount of force that may be
used in resisting such entry is limited to that which would appear necessary to a reasonable
person in the same or similar circumstances to resist the violent entry. One is not bound to
retreat, even though a retreat might safely be made. One may resist force with force,
increasing it in proportion to the intruder’s persistence and violence, if the circumstances
apparent to the occupant would cause a reasonable person in the same or similar situation
to fear for his or her safety.
Any person using force intended or likely to cause death or great bodily injury within his
or her residence shall be presumed to have held a reasonable fear of imminent peril of
death or great bodily injury to self, family, or a member of the household when that force
is used against another person, not a member of the family or household, who unlawfully
and forcibly enters or has unlawfully and forcibly entered the residence and the person
using the force knew or had reason to believe that an unlawful and forcible entry had
occurred. Great bodily injury means a significant or substantial physical injury. (Penal
Code § 198.5.)
Defense of Property
The lawful occupant of real property has the right to request a trespasser to leave the
premises. If the trespasser does not do so within a reasonable time, the occupant may use
force to eject the trespasser.
The amount of force that may be used to eject a trespasser is limited to that which a
reasonable person would believe to be necessary under the same or similar circumstances.
The right of self-defense ceases when there is no further danger from an assailant. Thus,
where a person attacked under circumstances initially justifying self-defense renders the
attacker incapable of inflicting further injuries, the law of self-defense ceases and no
further force may be used.
The right of self-defense is not initially available to a person who assaults another.
However, if such person attempts to stop further combat and clearly informs the adversary
Pursuant to Penal Code section 12025, a person is guilty of carrying a concealed firearm
when he or she does any of the following:
• Carries concealed within any vehicle which is under his or her control, any pistol,
revolver, or other firearm capable of being concealed upon the person.
• Carries concealed upon his or her person any pistol, revolver, or other firearm
capable of being concealed upon the person.
• Causes to be carried concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being concealed upon the person.
Penal Code Section 12025 does not apply to or affect the lawful transportation or
possession of a firearm under specific circumstances, including, but not limited to, the
following:
• The transportation of a firearm by a person who finds the firearm in order to comply
with Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the
Civil Code as it pertains to that firearm and if that firearm is being transported to a
law enforcement agency, the person gives prior notice to the law enforcement
agency that he or she is transporting the firearm to the law enforcement agency.
(Penal Code § 12026.2(a)(17).)
• The transportation of a firearm by a person who finds the firearm, and is
transporting it to a law enforcement agency for disposition according to law, if he or
she gives prior notice to the law enforcement agency that he or she is transporting
the firearm to the law enforcement agency for disposition according to law.
Firearms must be transported unloaded and in a locked container and the course of
travel shall include only those deviations between authorized locations, as
necessary. (Penal Code §§ 12026.2(a)(17), (18) and (b).)
• The carrying of a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a concealed
manner pursuant to Article 3 (commencing with section 12050) of the Penal Code.
• Members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private, while
the members are using concealable firearms upon the target ranges.
• Authorized peace officers, retired peace officers, and retired federal officers or
agents as defined in Penal Code sections 830.1, 830.2, 830.5, 12027(a) and
12031(b).
• Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.
• The possession or transportation of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person as merchandise by a person who is
licensed in the business of manufacturing, repairing, or dealing in firearms.
• The carrying of unloaded pistols, revolvers, or other firearms capable of being
concealed upon the person by duly authorized military or civil organizations while
parading, or the members thereof when going to and from the places of meeting of
their respective organizations.
• Guards or messengers of common carriers, banks, and other financial institutions
Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not
carry or transport a loaded firearm. The firearm should be unloaded and placed in the
trunk of the vehicle, or if the vehicle has no trunk, placed in a fully enclosed secure locked
container other than the utility or glove compartment of a motor vehicle (Penal Code §§
12026.1, 12027.)
A license to carry a pistol, revolver, or other firearm capable of being concealed upon the
person may be granted to qualified residents of a county by the sheriff or to qualified
residents of a city by the chief or other head of the municipal police department of that
city. Such licenses are issued only after a finding that the applicant is of good moral
character, that good cause exists for such a license, and the applicant is not prohibited from
possessing firearms. Unless otherwise restricted, such a license is valid throughout the
state. Such a license may be valid for any amount of time not to exceed two years from the
date of issuance, unless issued to a judge or magistrate (valid for up to three years) or
specified custodial employees or reserve peace officers (valid for up to four years). (Penal
Code § 12050.)
A license to carry a pistol, revolver, or other firearm capable of being concealed upon the
person may be granted by the sheriff of a county to an applicant who spends a substantial
amount of time employed within that county. Such a license is valid only in the county
issued and is valid for any period of time not to exceed 90 days from the date of issuance.
(Penal Code § 12050.)
Where the population of the county is less than 200,000 persons, the licensing authority
may issue a license to carry a pistol, revolver, or other firearm capable of being concealed
upon the person, loaded and exposed. (Penal Code § 12050.)
If a California licensee has a need to travel armed in another state, he or she should contact
authorities in the other state prior to leaving to determine if the license will be honored.
It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public
place, on any public street, or in any place where it is unlawful to discharge a firearm.
(Penal Code § 12031(a)(1).)
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any
manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip
thereof attached to the firearm. A muzzle-loading firearm is deemed loaded when it is
capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Penal
Code § 12031(g).)
For the purposes of Penal Code section 12023 (commission or attempted commission of a
felony while armed with a loaded firearm), a firearm is deemed loaded when both the
firearm and the unexpended ammunition capable of being discharged from the firearm are
in the immediate possession of the same person.
It is unlawful for the driver of any motor vehicle, or the owner of any motor vehicle
irrespective of whether the owner is occupying the vehicle, to knowingly permit any
person to carry a loaded firearm in the vehicle in violation of Penal Code section 12031, or
Fish and Game Code section 2006. (Penal Code § 12034.) Also, see “Other Prohibited
Acts,” page 49.
In order to determine whether a firearm is loaded, peace officers are authorized to examine
any firearm carried by anyone on his or her person or in a vehicle while in any public
place, on any public street, or in any prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to these provisions is, in
itself, grounds for arrest. (Penal Code § 12031(e).)
Exceptions
The prohibition against possessing loaded firearms in a public place does not apply to:
• Any person hunting in an area where firearm possession and hunting is otherwise
lawful. (Penal Code § 12031(i).)
• Any person who carries a loaded firearm while engaged in the act of making or
attempting to make a lawful arrest, provided such possession is otherwise lawful.
(Penal Code § 12031(k).)
NOTE: Peace officers and honorably retired peace officers having properly endorsed
identification certificates may carry a concealed weapon at any time. Otherwise, these
exemptions apply only when the firearm is carried within the scope of the exempted
conduct, such as hunting or target shooting, or within the course and scope of assigned
duties, such as an armored vehicle guard transporting money for his employer. A person
who carries a loaded firearm outside the limits of the applicable exemption is in violation
of the law, notwithstanding his or her possession of an occupational license or firearms
training certificate. (Penal Code § 12031(b).)
Any person over the age of 18 who is not prohibited from possessing firearms, and if
otherwise lawful, may keep and carry a firearm or have a firearm loaded at his or her place
of residence, temporary residence, campsite, or on private property owned or lawfully
possessed by the person. (Penal Code §§ 12026, 12031(h) and (l).) Any person engaged
Any person who commits the crime of carrying a concealed handgun and ammunition for
that handgun on his/her person or in his/her vehicle may be subject to a felony
enhancement if the handgun is not on file (registered) in the Department of Justice’s
Automated Firearms System. (Penal Code § 12025.)
Any person who commits the crime of carrying a loaded (not necessarily concealed)
handgun on his/her person in a prohibited place may be guilty of a felony if the handgun is
not on file (registered) in the Department of Justice’s Automated Firearms System. (Penal
Code § 12031.)
NOTE: Handgun dealer record of sale transactions occurring before 1980 generally are
not registered in the Department’s Automated Firearms System. However, these records
are on file with the Department of Justice. Upon individual request, the Attorney General
shall place records of pre-1980 transfers of handguns into the Automated Firearms System.
(Penal Code § 11106.)
It is unlawful for any person to carry a loaded firearm upon his or her person or within any
vehicle under his or her control or direction while engaged in picketing activity. (Penal
Code § 12590(a)(2).) Picketing activity means any informational activities conducted in a
public place relating to a concerted refusal to work.
The exceptions regarding loaded firearms provided for peace officers, bank guards,
armored vehicle guards, licensed hunters or fishermen, private investigators, and other
persons in Section 5. Loaded Firearms of this publication, do not apply if such
individuals are engaged in picketing activities as described above. (Penal Code
§ 12590(c).)
7. FLAREGUNS
NOTE: Pursuant to Penal Code section 12031.1, a person may lawfully store a loaded or
unloaded flaregun aboard a vessel or aircraft. A person may also possess a loaded or
unloaded flaregun while in or traveling to and from a permitted hunting area, if the
individual is carrying a valid California hunting permit or license.
It is unlawful for a person to apply to purchase more than one handgun within any 30-day
period. (Penal Code § 12072(a).)
Exceptions
The current list of handguns certified as safe for sale in California is available on the
Firearms Division’s website at http://www.ag.ca.gov/firearms/certlist.htm.
Exceptions
• The manufacture in this state, or importation into this state, of any prototype
handgun when the manufacture or importation is for the sole purpose of allowing an
independent laboratory certified by the Department of Justice to conduct an
The requirements for handguns to pass safety and functionality tests and to be listed in the
Department of Justice’s official list of handguns certified as safe for sale in California do
not apply to transactions involving the following:
• (3) Any model of competitive pistol that has been expressly identified by the
Department of Justice as exempt from the testing requirement. The Department of
Justice exemption may be based on recommendations by USA Shooting or may be
based on the recommendation or rules of any other organization that the Department
of Justice deems relevant. The current list of exempt pistols is available on the
Firearms Division website at http://www.ag.ca.gov/firearms/forms/pdf/op.pdf.
(Penal Code § 12133.)
• The sale, loan, or transfer of a semiautomatic pistol that is to be used solely as a prop
for a motion picture, television, or video production by an authorized participant
therein or by an authorized employee or agent of the entity producing that
production or event. (Penal Code § 12132.)
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code
section 12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless
the sale, loan, or transfer is completed through a licensed firearms dealer. or law
enforcement agency. (Penal Code §§ 12071, 12072, 12082.), 12084.)
Exceptions
1) The dealer licensing and reporting requirements do not apply to the sale, lease, or
transfer of any firearm in the following instances (Penal Code § 12078(u)):
• Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
NOTE: Concealable firearms obtained by any of the preceding means must be reported to
the Department of Justice on forms provided by the Department of Justice. (Penal Code
§ 12078(i)(1).)
- a levying officer as defined in sections 481.140, 511.060, or 680.260 of the
Code of Civil Procedure;
- firearms received by the family of a police officer or deputy sheriff from a
local agency pursuant to section 50081 of the Government Code;
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm
in the following instances:
• Infrequent loans of firearms between persons who are personally known to each
other for any lawful purpose, if the loan does not exceed 30 days in duration. (Penal
Code § 12078(d).)
• Loans of a firearm for the purpose of shooting at targets on the premises of a target
facility if the firearm is kept within the premises of the target facility at all times.
(Penal Code § 12078(h).)
• Loans of an unloaded firearm or a firearm loaded with blanks for use solely as a
prop for motion picture, television or other entertainment event. (Penal Code
§ 12078(s).)
• Loans of a long gun to a licensed hunter for a period of time not to exceed the
hunting season for which the firearm is being used. (Penal Code § 12078(q).)
• Loans to minors by a parent, legal guardian, or grandparent:
- Long guns may be loaned for an indefinite period.
- Handguns may be loaned for the purpose of engaging in a lawful activity, and
the loan does not exceed the period of time necessary to participate in the
activity.
• Loans to minors by other than a parent or legal guardian:
- Long guns may be loaned with the express permission of a parent or legal
guardian if the loan does not exceed 30 days.
- Handguns may be loaned with the express permission of a parent or legal
guardian for not more than 10 days. (Penal Code § 12078(p).)
Exceptions
A Handgun Safety Certificate shall not be required for handgun transfers to the following:
• Any active or honorably retired peace officer, as defined in Chapter 4.5
(commencing with section 830) of Title 3 of Part 2 of the Penal Code .
• Any active or honorably retired federal officer or law enforcement agent.
• Any reserve peace officer, as defined in Penal Code section 832.6.
• Any person who has successfully completed the course of training specified in Penal
Code section 832.
• A firearms dealer licensed pursuant to Penal Code section 12071, who is acting in
the course and scope of his or her activities as a person licensed pursuant to Penal
Code section 12071.
• A federally licensed collector who is acquiring or being loaned a handgun that is a
curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal
Regulations, who has a current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Penal Code section 12071.
• A person to whom a handgun is being returned, where the person receiving the
firearm is the owner of the firearm.
• A family member of a peace officer or deputy sheriff from a local agency who
receives a firearm pursuant to Government Code section 50081.
• Any individual who has a valid concealed weapons permit issued pursuant to Penal
Code section 12050.
• An active, or honorably retired member of the United States Armed Forces, the
National Guard, the Air National Guard, the active reserve components of the United
States, where individuals in those organizations are properly identified.
No firearms dealer may deliver a handgun unless the intended recipient presents
satisfactory documentation indicating that he or she is a California resident. Satisfactory
documentation includes a utility bill from within the last three months, a residential lease, a
property deed, military permanent duty station orders indicating assignment within this
state, or other evidence of residency as permitted by the Department of Justice. Acceptable
documentation does not include passports, account statements from financial institutions,
or pay stubs. (Penal Code § 12071(b)(8).)
Any person who meets the definition of a personal handgun importer who moves into
California with the intention of establishing residency in this state, must report his or her
ownership of any handgun acquired outside California to the Department of Justice within
60 days.
A personal handgun importer means an individual who meets specific criteria, which
includes, but is not limited to, any person age 18 or older, who is not a licensed firearms
dealer or manufacturer, and who owns and intends to possess within this state on or after
January 1, 1998, any pistol, revolver, or other firearm capable of being concealed upon the
person that is not an assault weapon or machinegun, as defined by law. (Penal Code §
12001(n).)
Personal handgun importers shall report handgun ownership by choosing one of the
following options:
• Forward by prepaid mail or deliver in person to the Department of Justice, a report
prescribed by the department. Forms are available from the Department of Justice,
firearms dealers, law enforcement agencies, and the Department of Motor Vehicles;
• Sell or transfer the firearm in accordance with the provisions of Penal Code section
It is unlawful for any person to knowingly sell, loan, supply, give, or allow possession or
control of any firearm or other deadly weapon to a person who is deemed to be a danger to
self or others and is a mental patient in a facility or on leave of absence from the facility;
communicates a serious threat of physical violence against another to a licensed
psychotherapist; adjudicated a danger to others or a mentally disordered sex offender;
found not guilty by reason of insanity of any crime; found incompetent to stand trial;
placed under conservatorship by a court as gravely disabled wherein possession of a
firearm would present a danger to self or others, or who has been taken into custody and
placed in a county mental health facility for treatment and evaluation because he or she is a
danger to self or others as a result of a mental disorder. (Welfare and Institutions Code §§
8100, 8101, 8103.)
It is unlawful for a firearms dealer to sell a handgun to any person under the age of 21 or
any other firearm to a person under the age of 18. (Penal Code § 12072(b).)
NOTE: Violation of this prohibition where the violation involves the delivery of any
firearm to a person who the dealer knows, or should know, is a minor, is punishable as a
felony.
No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor. (Penal
Code § 12072(a)(3).)
It is unlawful for any person to sell ammunition or reloaded ammunition to a person under
18 years of age. (Penal Code § 12316(a)(1)(A).)
It is unlawful for any person to sell any ammunition or reloaded ammunition designed and
It is unlawful for any person to sell or furnish a BB device to any minor without
permission of the minor’s parent or legal guardian. (Penal Code §§ 12551, 12552.)
It is unlawful for a minor to possess a handgun unless one of the following circumstances
exists:
• the minor is accompanied by his or her parent or legal guardian and the minor is
actively engaged in a lawful recreational sporting, ranching, or hunting activity, or a
motion picture, television, or other entertainment event;
• the minor is accompanied by a responsible adult and has prior written consent of his
or her parent or legal guardian and is involved in one of the activities cited above;
and
• the minor is at least 16 years of age, has prior written consent of his or her parent or
legal guardian, and the minor is involved in one of the activities cited above.
It is unlawful for a minor to possess live ammunition unless one of the following
circumstances exists:
• the minor has the written consent of his or her parent or legal guardian to possess
live ammunition;
• the minor is accompanied by his or her parent or legal guardian;
• the minor is actively engaged in, or is going to or from, a lawful recreational sport,
including, but not limited to, competitive shooting, or agricultural, ranching, or
hunting activity, the nature of which involves the use of a firearm.
(Penal Code § 12101.)
Use of United States Postal Service, Private Parcel Delivery, or Common Carrier
Federal and state laws generally prohibit the carrying upon the person of any firearm or
ammunition aboard any commercial passenger airplane. Similar restrictions may apply to
other common carriers such as trains, ships, and buses. Persons who need to carry or
transport firearms or ammunition on a common carrier should always consult the carrier in
advance.
9. FORFEITURES OF FIREARMS
Penal Code section 12028 requires forfeiture of (a) any weapon illegally carried upon the
person or within any vehicle and (b) any firearm illegally owned, possessed, or used in the
commission or attempted commission of any felony or specified misdemeanor. Penal
Code section 12029 requires forfeiture of any short-barreled shotgun, short-barreled rifle,
cane gun, wallet gun, plastic firearm, firearm not immediately recognizable as a firearm,
zip gun or unconventional pistol as specified in Penal Code section 12020. Penal Code
section 12251 requires forfeiture of any machinegun possessed in violation of the permit
and/or license provisions of Penal Code sections 12230 through 12250.
Fish and Game Code section 12157 permits the court to order forfeiture of any device
illegally used to take birds, mammals, fish, reptiles, or amphibians. Depending upon the
facts of the case, this forfeiture may include firearms.
It is a felony to obliterate or alter the name of the maker, model, serial number, or other
mark of identification, including any distinguishing mark lawfully assigned to a firearm by
the owner or by the Department of Justice. (Penal Code § 12090.)
It is unlawful for a person to buy, sell, or possess a firearm knowing its identification has
been obliterated or altered. Exceptions include, but are not limited to, the possession and
disposition of a firearm pursuant to Penal Code section 12094(a) by a person who is not
prohibited by law from possessing firearms or ammunition and possessed the firearm no
longer than was necessary to deliver it to a law enforcement agency for disposition
according to law. Prior notice must be given to law enforcement before transporting it to
that agency for disposition and firearms must be transported unloaded and in a locked
container, as defined by Penal Code section 12026.2(d). (Penal Code § 12094.)
It is unlawful for any person to possess or bring a firearm upon the grounds of, into, or
within a distance of 1,000 feet from the grounds of a school providing instruction in
kindergarten or grades 1 to 12, inclusive, or a campus of the University of California,
California State University, or California community colleges. (Penal Code § 626.9.)
Exceptions
• A person who has the written permission of the school district superintendent,
designee, or equivalent school authority.
• Within a place of residence or place of business or on private property, if the place
of residence, place of business, or private property is not part of the school grounds
and the possession of the firearm is otherwise lawful.
• If the firearm is an unloaded handgun in a locked container or within the locked
trunk of a motor vehicle, or the otherwise lawful transportation of an unloaded long
gun.
• The possession or transportation of firearms by a person who is engaged in the
business of manufacturing, importing, wholesaling, repairing, or dealing in firearms
and who is licensed to engage in that business or the authorized representative or
authorized agent of that person while engaged in the lawful course of business.
• Guards or messengers of common carriers, banks, and other financial institutions
while actually employed in and about the shipment, transportation, or delivery of
money, treasure, etc.
• Transportation of unloaded firearms by a person operating a licensed common
carrier or an authorized agent or employee thereof when transported in conformance
with applicable federal law.
It is unlawful for any person to draw or exhibit any loaded or unloaded firearm in a rude,
angry, or threatening manner or use any loaded or unloaded firearm in any fight or quarrel
upon the grounds of any day care center, playground, or public or private youth center, or
facility where programs are being conducted for persons under 18 years of age. (Penal
Code §§ 417 (b), 626.95.)
Any person who causes the death of another person by means of discharging a firearm
from a motor vehicle, intentionally at another person outside the vehicle with the intent to
inflict death, is guilty of murder of the first degree, punishable by death, confinement in
the state prison for life without possibility of parole, or confinement in the state prison for
25 years to life. (Penal Code §§ 189, 190.)
Any person who causes the death of a person who is not an occupant of a motor vehicle is
guilty of murder of the second degree, punishable by confinement in the state prison for 20
years to life if the killing was perpetrated as a result of discharging a firearm from a motor
vehicle with the intent to inflict great bodily injury. (Penal Code § 190(d).)
Persons with proven intent who inflict great bodily injury, as defined in Penal Code section
12022.7, or cause the death of a person who is not an occupant of a motor vehicle as a
result of discharging a firearm from a motor vehicle in the commission of a felony or
attempted felony shall be punished by a term of five years in addition, and consecutive to,
the punishment prescribed for the felony. (Penal Code § 12022.55.)
A driver or owner of a motor vehicle who allows any person to discharge a firearm from
the vehicle may be punished by up to three years imprisonment in state prison and any
person who willfully and maliciously discharges a firearm from a motor vehicle at a person
who is not an occupant of a motor vehicle is guilty of a felony punishable by up to seven
years in state prison. (Penal Code § 12034.)
Any person who maliciously and willfully discharges a firearm at an occupied motor
vehicle from another motor vehicle and the victim suffers paralysis as defined, or
paraparesis as defined, of a major body part, including, but not limited to, the entire hand
or foot, shall be punished by an additional term of four years. (Penal Code § 12022.9.)
Courts are required to order the forfeiture and sale of motor vehicles used in the
commission of first or second degree murder, manslaughter, attempted murder, assault
with a deadly weapon or the unlawful discharge or brandishing of a firearm from, or at an
occupied vehicle where a victim is killed, attacked or assaulted from, or in a motor vehicle
by the use of a firearm on public streets and highways. (Penal Code § 246.1.)
Any person who, for commercial purposes, sells, manufactures, distributes, purchases,
ships or transports, by mail order or any other manner, or receives, an imitation firearm
(realistic replica of an existing firearm) may be liable for fines of up to $10,000 for each
violation. (Penal Code § 12555.)
It is unlawful for any person to advertise the sale of any firearm or other weapon whose
possession is prohibited by Penal Code sections 12020, 12220, 12280, 12303, 12320,
12321, 12355, or 12520. (Penal Code § 12020.5.)
Fish and Game Code section 3050 and the California Code of Regulations, Title 14,
section 710, provide that no hunting license shall be issued unless the applicant presents:
• evidence that he or she has held a hunting license issued by this state in a prior year;
or
• evidence that he or she holds a current hunting license issued by another state or
province; or
• a certificate of completion of a course in hunter safety, principles of conservation,
and sportsmanship, as provided in this article, with a hunter safety instruction
validation stamp affixed thereto; or
• a certificate of successful completion of a hunter safety course in another state or
province; or
• evidence of completion of a course in hunter safety, principles of conservation, and
sportsmanship, which the commission may, by regulation, require.
The Department of Fish and Game designates hunter safety instructors qualified to give
hunter safety instruction and issue the certificate required above. Persons desiring to take a
course in hunter safety training for licensing may write or call the nearest Department of
Fish and Game office for a list of instructors in their area:
Private patrol operators, security guards, alarm company operators, responding alarm
agents, and private investigators must complete a firearms training course before carrying a
firearm on duty. (Business and Professions Code §§ 7542, 7545, and 7596.)
The course was developed by the Department of Consumer Affairs, Bureau of Security and
Investigative Services, and is offered by bureau-certified instructors to bureau licensees.
Training is approximately 14 hours and includes the following:
• The moral and legal aspects of firearms usage.
• Firearms nomenclature and maintenance.
• Weapon handling and shooting fundamentals.
• Emergency procedures.
NOTE: Completion of this training does not authorize a person to carry a firearm unless
he or she possesses a valid firearm permit issued by the bureau and is on duty and properly
licensed as a private patrol operator, security guard, alarm company operator, responding
alarm agent, or private investigator. The firearms permit allows the bearer to carry an
exposed firearm while on duty.
Some firearm clubs or associations regularly provide firearm safety training courses for the
general public as well as for their members. Such clubs are listed in the yellow pages of
the telephone directory. In addition, managers of public or private shooting ranges may
give interested persons information on how to contact clubs or associations using their
ranges for training courses. Ranges are also listed in the yellow pages of the telephone
directory.
Effective January 1, 2003, any person who wishes to receive a handgun through a sale or
transfer must have a valid Handgun Safety Certificate (HSC) or a qualifying exemption.
Any person who wishes to obtain an HSC must pass a written test that includes, but is not
limited to, laws applicable to carrying and handling firearms, particularly handguns;
responsibilities of ownership of firearms, particularly handguns; the law related to the
A DOJ Certified Instructor may charge each HSC applicant a fee of up to $25 to cover the
costs of providing the test and issuing the certificate. (Penal Code § 12805.)
Any person who is interested in becoming a DOJ Certified Instructor may obtain further
information and an application form by writing to:
Department of Justice
Firearms Division
DOJ Certified Instructors
P.O. Box 820200
Sacramento, California 94203-0200
Any person who takes delivery of a handgun from a firearms dealer must first successfully
demonstrate to a DOJ Certified Instructor that he or she is able to handle that handgun
safely and that he or she can properly operate all of the safety features. Any person who
has an exemption to the HSC requirement is also exempt from this requirement. (Penal
Code §12071(b)(8)(D).)
Under the Children’s Firearm Accident Prevention Act of 1991, any person who keeps a
loaded firearm where a child obtains and improperly uses it, may be fined or sent to prison.
(Penal Code §§ 12035, 12036, 12071.)
To prevent unnecessary injury or death caused by improper storage of firearms in the home
where children (under age 18) are likely to be present, and to help prevent the possibility of
criminal prosecution, all firearms should be unloaded, locked with a trigger locking device
that renders the firearm inoperable, and stored in a locked container.
Ammunition should be stored in a location separate from the firearm. Other means of safe
storage include trigger locking devices, or locking firearm safes or cabinets. For
information on obtaining firearm safety devices or how they operate, contact a firearms
dealer, firearms club or association which promotes firearm safety training courses, the
manufacturer of such devices, or visit the Department of Justice Firearms Division website
at http://www.ag.ca.gov/firearms/certlist.htm.
Information regarding the operation of a specific firearm is generally available from the
gun manufacturer. If information regarding a specific firearm cannot be obtained from the
manufacturer, local firearm dealers or private gun organizations that promote firearm
safety and training may be of assistance.
NOTE: These basic safety tips have been provided as a public service and are not
intended to cover all aspects of firearm use and storage, nor are they intended to take the
place of any firearms training course.
A handbook containing basic firearms safety information is available from the Department
of Justice to licensed firearm dealers, who shall have it available to the general public.
The term “long-gun safe” is distinct from “gun safe” and “firearms safety device.” A
“long-gun safe” means a locking container designed to fully contain and secure a rifle or a
shotgun. A “long-gun safe” must have a locking system consisting of either a mechanical
combination lock or an electronic combination lock that has at least 1,000 possible unique
No person shall keep for commercial sale, commercially sell, or distribute as part of an
organized firearm safety program, any firearms safety device (other than a long-gun safe)
that is not listed on the Department of Justice roster of approved firearms safety devices.
Any sale of a long gun safe must be accompanied by a specified warning label. (Penal
Code § 12088.1.)
The Department of Justice Roster of Firearm Safety Devices may be accessed on the
Department of Justice website at http://www.ag.ca.gov/firearms/fsdcertlist.htm.
Firearm sales and transfers are exempt from the requirement to provide a firearm safety
device if either of the following is true:
- The purchaser demonstrates proof that he or she owns a gun safe that meets the
standards set forth in Department of Justice regulations adopted under Penal
Code section 12088.2 by signing an affidavit to that effect.
- The purchaser presents an approved safety device for the firearm being
purchased and provides to the firearms dealer an original receipt showing the
purchase took place no more than 30 days prior to picking up the firearm.
- The purchaser presents a receipt for a Department of Justice-approved lock
box and signs an affidavit (provided by the firearms dealer) that describes the
make and model of the lock box and that the lock box will accommodate the
firearm being purchased.
Firearm safety device requirements in general do not apply to the commerce of “antique
firearms” as defined in subsection (a) of Section 921 of Title 18 of the United States Code
nor do they apply to the commerce of any firearm intended to be used by a salaried,
full-time peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2 of the Penal Code for purposes of law enforcement. (Penal Code § 12088.8.)